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Ateneo De Manila University ~ School of Law
Property Possession Charts (revised April 2008)
Atty. Francis Joseph H. Ampil
1 Rules on Fruits:
Kinds of Fruits Possessor in Good Faith | Possessor in Bad Faith
1. Givil Fruits Entitled to fruits from start | Not entitled to fruits
of possession until legal
interruption, Must pay damages as rental
from time possession
started until possession is
finally defeated
2, Natural/industrial Fruits
a. Gathered Right to retain fruits Must account for fruits and
return value of: (i) fruits
actually received and (ii)
fits which the legal
possessor could have
received with due care and
diligence.
Must pay damages as
reasonable rent for the term
of possession.
| But entitled to necessary
| expenses for preservation,
| cultivation and gathering of
| the fruits,
b. Pending ‘Owner has 2 options: No rights, not even
reimbursement of expenses
| Option 1: Pro-rating (based | for cultivation (because by
| on period of possession) | right of accession, all fruits
| between possessor and | belong to owner without
| | owner of: (i) expenses; (ii) | need to pay indemnity.
| | net harvest; and Gif)
charges. Must pay damages as
| reasonable rent for the term
| Option 2: To allow | of possession.
| possessor to stay in
| Possession until after all
| fruits are gathered (which
| shall serve as the indemnity
| for expenses),Rules on Expenses and Deterioration/Loss:
Expenses
Possessor in Good Faith
Possessor in Bad Faith
T, Necessary Expenses
Entitled to reimbursement,
Right of retention pending
full reimbursement.
Enitled to reimbursement,
No right of retention; must
‘vacate property (recourse is
to file collection case.
Liable for damages as
reasonable rent for period
of possession.
2. Useful Expenses
‘Owner has 2 options:
Option 1: Reimbursement
of either (i) amount spent or |
Gi) increase in value with
right of retention until full
payment,
Option 2: To allow
possessor to remove
provided no substantial
damage or injury is caused.
‘No rights.
3. Luxurious Expenses
‘Owner has 2 options:
Option 1: To allow
possessor to remove
omaments if the principal
suffers no injury’
Option 2: To retain the
comament by refunding the
amount spent for the
omament.
‘Owner has 2 options:
Option 1; To allow
possessor to remove
‘omaments if the principal
suffers no injury.
Option 2: To retain the
‘omament by refunding the
value of the omament at the
‘time owner enters into
possession (which means
depreciated value).
“4, Deterioration/Loss
No liability unless due to
fraudulent intent or
negligence after service of
judicial summons.
‘Always liable whether
before or afier service of
judicial summons, for any
cause, even fortuitous
event.